a graduate of a course in journalism decided to do battle with a number of corporate giants, calling his enterprise Laugh it Off and arming himself with T-shirts bearing parodied images and words brazenly pilfered from his opponents. One of his victims, South African Breweries [SAB], saw one of its well-known trademarks reproduced on T-shirts for public sale. The words ‘Black Label’ and ‘Carling Beer’, which accompanied the logo were transformed into ‘Black Labour’ and ‘White Guilt’. In smaller lettering the slogans, ‘America’s Lusty Lively Beer’ and ‘Brewed in South Africa’ were converted into ‘Africa’s Lusty Lively Exploitation Since 1652, No Regard Given Worldwide’. SAB did not laugh. Instead it went to the Cape High Court and sought, and obtained, an interdict restraining distribution of the T-shirts.

Answers to last month’s quiz below. Nobody got more than one question right, so rather than embarrass my loyal readership I am awarding myself the prize in terms of Rule 5.

1. Which published Court of Session opinion was removed from the Scotcourts website at the request of one party because its contents were said to be commercially confidential? Hat-tip to Douglas Macgregor of Brodies for this one, and also for supplying some of the background. The case is BSA International v Irvine 2009 CSOH 77, an opinion of Lord Glennie’s which discusses the duties of expert witnesses and also describes a potentially significant distinction between Scots and English law as to legal professional privilege. Douglas says Continue Reading »

Well, I’m knocking off until the New Year. For those among my loyal readers who can’t keep away from the law over the break, I offer a prize of a bottle of the Faculty of Advocates finest Reading Room Claret to the best set of answers to this quiz on outré legal events of the last 365 days. Competition closes at Hogmanay midnight; answers by way of the comment form below, which is moderated so nothing will be published until next term. As a tie-breaker, points will be given for wit, imagination, and good guesses, so don’t feel you have to pass because you haven’t the faintest idea what the answer is. Multiple attempts are permitted, but may not be counted at my discretion. If you feel you need to know what the other rules are, they’re here, with credit and thanks to those great philosophers Calvin and Hobbes. Or you can ask, though I don’t promise to answer. And the compliments of the season to you. Continue Reading »

The full text of Scottish Government policy on compassionate release has not however, I think, been made public. Thanks to a correspondent who sent me a copy of this, it is now published on this site. Continue Reading »

My last post covered two issues; the hypocrisy of the attack on the decision to release Megrahi, and the law relative to compassionate release of prisoners in Scotland. But in linking these I noted in passing that much of the attack on MacAskill was simply ignorant, and wrote “FBI Director Robert Mueller, in his much-quoted open letter to MacAskill, obviously intended primarily for US domestic consumption, thought the Justice Secretary was a ‘prosecutor‘.“. Continue Reading »

Professor James Hathaway of Melbourne University, author of “The Law of Refugee Status”, “The Rights of Refugees under International Law”, and many other leading texts on asylum law; editor of the Refugee Caselaw website; and a world renowned authority on the law of international protection, will be addressing an all-day seminar in Glasgow on Monday 5 October on issues as to refuge status and internal relocation. His work is constantly cited in, and by, courts throughout the common law world; a quick search on BAILII throws up no less than 180 cases in which he is cited as an authority. Continue Reading »